United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 42 of 150)
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reports; duties delegated by
the President.

THE EXECX7TIVB COUNCIL

3766. Executive council; members; ap-

pointment; term; powers and
duties of council.

3767. Secretary; duties.

3768. Secretary to act as governor in

case of death, removal, etc., of
governor.

3769. Attorney-general; powers and du-

ties.

3770. Treasurer; powers and duties.

3771. Auditor; duties.



Sec

3772. Commissioner of the interior;

powers and duties.

3773. Commissioner of education; pow-

ers and duties.

3774. Other members of council; du-

ties; compensation.
8776. All reports to be made to an ex-
ecutive department of the Unit-
ed States to be designated by
the President; all matters re-
lating to government of Porto
Rico within jurisdiction of that
department

HOUSE OF DELEGATES

8776. Legislative assembly; executive
council and house of delegates;
number of delegates.

3777. Districts for election of delegates.

ELECTION OF DELEGATES

3778. First election of delegates; term

of office; qualifications of vot-
ers; organization of house;
length of session; enacting
clause of laws; compensation
of members; subsequent elec-
tions.

3779. Powers of house of delegates;

qualifications of members.

3780. Passage of bills; approval or ve-

to by governor; adoption over
veto; failure of governor to ap-
prove or veto; power of Con-
gress to annul laws; failure to
make necessary appropriations
for the support of the govern-
ment.

8781. Scope of legislative power; grants

of public and quasi-j>ublic fran-
chises, etc.

8782. Franchises to be approved by the

President

8783. Special provisions in franchises,

etc.; real estate holdings of cor-
porations restricted.

THE JUDICIARY

3784. Existing courts, jurisdiction, and
procedure continued; appoint-
ment of justices and marshal of
the supreme court; appointment
of judges of the district court;
selection of other officers; pow-
er of legislature.

8786. Judicial district of Porto Rico;
judge, attorney and marshal; ap-
pointment; terms of office; of-
ficers of court; jurisdiction;
procedure; writs of error and
appeals and removal of causes
from courts of Porto Rico;



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8747



TBI TBBRIT0RIB8 AND IN8ULAB P08SBS8I0NS (Tit 23



termt of court; prooeedingi
conducted ia Enflish; district
court to tocceed proYiaional 8794.
court

37S6. JuriMliction of United States dis-
trict court extended. 8796.

8787. Justice of supreme court of Porto
Rico maj be designsted as tem-
porary or special Judge of Unit- 8796.
ed Sutes district court in ab-
sence, etc, oi district Judge. 8797.

3788. Jurors in United Sutes district
court; qualifications; exemp-
tions; selection. 379&

8789. Fees and expenses of district
court payable from Porto Rican
revenues; fees earned to be- 3799.
come part of Porto Rican reve-
nues; fees of commissioners. 3800.

3790. Fees and mileage of Jurors and

witnesses. 8801.

8791. Writs of error and appeals from

supreme court of Porto Rico
and United States district court
to United States Supreme
Oourt; habeas corpus; proceed-
ings in United States Supreme
Court to be in English lan-
guage.

8792. Salaries of officials except Presi-

dential appointees fixed by ex-
ecutlTe council and payable
from Porto Rican re?enues; not
to be changed during incumben-
cy; salaries of Presidential ap- 8802.
pointees payable from Porto
Rican roTenues; amounts of sal-
aries.

8793. Salary of commissioner of educa-

tion; salaries of district court 3803.



officials fixed by executlTe coon-
ciL

Salaries of municipal officers and
other municipal expenses paya-
ble from municipal rerenoes.

Export duties prohibited; taxes
and license fees; public indebt-
edness; limitation.

Resident commissioner; election;
salary; qualifications.

Resident commissioner; trayding
expenses; commencement of
term of office.

Manner of payment of salary and
expenses of resident commis-
sioner.

Oonstruction of wharTes, etc., au-
thorised.

Meaning of word ''person*' as
used in act.

Restrictions upon powers; time
to be limited; reservation of
right to purchase; subject to
amendment or repeal; wharfage
fees, etc, subject to contrcil;
dredging; time for beginning
and completion of work; exten-
sion; accounts of expenditure;
subletting, sale, etc, without
consent or to competitor pro-
hibited; prior right to vessels
owned by United States; fur-
ther restrictions may be impos-
ed by Secretary of War.

Applicant must be owner or les-
see of approaches to shore end;
application accompanied by
plans and specifications; ap-
proval by Ohief of Engineers.

Existing rights not alfected.



The island of Porto Rico and the adjacent islands ceded to the United
Sutes by Spain by the Treaty of Dec 10, 1898, 80 SUt 1754, were included
mnder the name Porto Rico, and a dvil government therefor was provided* bf
Act April 12, 1900, c 191, 31 SUt 77.

This chapter includes the provisions of said Porto Rico Government Act
and of subsequent acU amendatory thereof or otherwise relating to the same
subject, general, and permanent in their nature, which remain in fbrce and
applicable to said islands.

§ 3747. (Act April 12, 1900, c 191, § 1.) Territory to which act
applies and included under name Porto Rico.
The provisions of this Act shall apply to the island of Porto
Rico and to the adjacent islands and waters of the islands lying
east of the seventy-fourth meridian of longitude west of Green-
wich, which were ceded to the United States by the Government
of Spain by treaty entered into in the tenth day of December,
eighteen hundred and ninety-eight; and the name Porto Rico, as
(1500)



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Ol. 3o) THB TBRBITORIB8 AND INSULAR POSSB8BION8 § 3749

used in this Act, shall be held to include not only the island of that
name, but all the adjacent islands as aforesaid. (31 Stat. 77,)

This was the first section of an act entitled "An act temporarily to provide
revenues and a dyil government for Porto Rico, and for other purposes/* cited
above*

Sections 2-4, 6^80 of said act are set forth post, f§ 3748, 3749, 3752-3760,
8762-^774; 8776-3781, 3784, 8785, 3791, 3792, 3794-3796.

Section 5 subjected goods previously imported from Porto Rico and not yet
entered, or under bond, to the duties imposed by that act and no others, and
provided that when duties were based upon weight, they should be levied
and collected upon the weight at time of entry.

Section 40 created a commission to compile and revise the laws of Porto
Rico and to frame and report necessary legislation, and required a final report
from said commission on or before one year from the passage of the act

Section 14 provide that the act should take effect and be in force from
and after May 1, 1900.

These sections were temporary merely in their nature, and are omitted.

Provisions relating to the Porto Rico regiment of infantry were made by
Act Feb. 2, 1901, c. 192, f 87, Act March 2, 1903, c. 975, Act April 23, 1904,
c. 1485, Act May U, 1908, c. 163, and Act May 27, 1908, c 201, ante, §§
1745-1753.

Provisions authorizing acknowledgment of deeds affecting land in the District
of Columbia or any Territory of the United States, before any notary public
in Porto Rico, the certificate of the notary to be accompanied by a certificate
of the attorney-general of Porto Rico that the notary was the oflScer he pur-
ported to be, were made by Act March 22, 1902, c 273, ante, \ 3260.

§ 3748. (Act April 12, 1900, c. 191, § 2.) Duties on foreign im-
ports into Porto Rico.

On and after the passage of this Act the same tariffs, customs,
and duties shall be levied, collected, and paid upon all articles im-
ported into Porto Rico from ports other than those of the United
States which are required by law to be collected upon articles im-

?orted into the United States from foreign countries: Provided,
*hat on all coffee in the bean or ground imported into Porto Rico
there shall be levied and collected a duty of five cents per pound,
any law or part of law to the contrary notwithstanding : And pro-
vided further, That all Spanish scientific, literary, and artistic
works, not subversive of public order in Porto Rico, shall be ad-
mitted free of duty into Porto Rico for a period of ten years, reck-
oning from the eleventh day of April, eighteen hundred and ninety-
nine, as provided in said treaty of peace between the United States
and Spain: And provided further. That all books and pamphlets
printed in the English language shall be admitted into Porto Rico
free of duty when imported from the United States. (31 Stat. 77 }^

§ 3749. (Act April 12, 1900, c 191, § 3.) Duties on commerce be-
tween Porto Rico and the United States ; tax on manufactured
articles equal to internal revenue tax; free trade after estab-
lishment of local taxation in Porto Rico.
On and after the passage of this act all merchandise coming into
the United States from Porto Rico and coming into Porto Rico
from the United States shall be entered at the several ports of en-
try upon payment of fifteen per centum of the duties which are re-
quired to be levied, collected, and paid upon like articles of mer-

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§ 8749 THB TBBRITOIUB8 AND INSUULB P08SB88I0M8 (Tit 23

chandise imported from foreign countries; and in addition thereto
upon articles of merchandise of Porto Rican manufacture coming
into the United States and withdrawn for consumption or sale up-
on payment of a tax equal to the internal-revenue tax imposed in
the United Sutes upon the like articles of merchandise of domestic
manufacture; such tax to be paid by internal-revenue stamp or
stamps to be purchased and provided by the Commissioner of In-
ternal Revenue and to be procured from the collector of internal
revenue at or most convenient to the port of entry of said mer-
chandise in the United States, and to be affixed under such reg-
ulations as the Commissioner of Internal Revenue, with the ap-
proval of the Secretary of the Treasury, shall prescribe ; and on all
articles of merchandise of United States manufacture coming into
Porto Rico in addition to the duty above provided upon payment
of a tax equal in rate and amount to the internal-revenue tax im-
posed in Porto Rico upon the like articles of Porto Rican manu-
facture : Provided, That on and after the date when this Act shall
take effect, all merchandise and articles, except coffee, not dutiable
under the tariff laws of the United States, and all merchandise and
articles entered in Porto Rico free of duty under orders heretofore
made by the Secretary of War, shall be admitted into the several
ports thereof, when imported from the United States, free of duty,
all laws or parts of laws to the contrary notwithstanding; and
whenever the legislative assembly of Porto Rico shall have en-
acted and put into operation a system of local taxation to meet the
necessities of the government of Porto Rico, by this Act estab-
lished, and shall by resolution duly passed so notify the President,
he shall make proclamation thereof, and thereupon all tariff duties
on merchandise and articles going into Porto Rico from the United
States or coming into the United States from Porto Rico shall
cease, and from and after such date all such merchandise and ar-
ticles shall be entered at the several ports of entry free of duty;
and in no event shall any duties be collected after the first day of
March, nineteen hundred and two, on merchandise and articles
going into Porto Rico from the United States or coming into the
United States from Porto Rico. (31 Stat. 77,)

The payment of the internal revenue tax imposed by thia section npon
Porto Rican manufoctures by affixing to auch articles before shipment the
proper internal revenoe stamp, and the appointment of a deputy collector at
San Joan, Porto Rico, to carry such provisions into effect, were authorized by
Act June 29, 19(K5, c 8613, post, ft 3750, 3751.

§ 3750. (Act June 29, 1906, c. 3613, § 1.) Taxes on articles of

Porto Rican manufacture coming into United States to be paid

by affixing stamps ; deputy collector at San Juan, Porto Rico ;

issuance of stamps; duties, compensation, and expenses of

deputy collector.

All United States internal-revenue taxes now imposed by law on

articles of Porto Rican manufacture coming into the United States

for consumption or sale may hereafter be paid by affixing^ to such

articles before shipment thereof a proper United States internal-

(1502)



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Ch. 30) THB TBRBITORIBS AND INSULAR POSSESSIONS § 3752

revenue stamp denoting such payment, and for the purpose of car-
rying into effect the provisions of this Act the Secretary of the
Treasury is authorized to grant to such collector of internal rev-
enue as may be recommended by the Commissioner of Internal
Revenue, and approved by the Secretary, an allowance for the sal-
ary and expenses of a deputy collector of internal revenue, to be
stationed at San Juan, Porto Rico, and the appointment of this
deputy to be approved by the Secretary.

The collector will place in the hands of such deputy all stamps
necessary for the payment of the proper tax on articles produced
in Porto Rico and shipped to the United States, and the said dep-
uty, upon proper payment made for said stamps, shall issue them
to manufacturers in Porto Rico. All such stamps so issued or
transferred to said deputy collector shall be charged to the col-
lector and be accounted for by him as in the case of other tax-paid
stamps.

The deputy collector assigned to this duty shall perform such
other work in connection with the inspection and stamping of such
articles, and shall make such returns as the Commissioner of In-
ternal Revenue may, by regulations approved by the Secretary of
the Treasury, direct, and all provisions of existing law relative to
the appointment, duties, and compensation of deputy collectors of
internal revenue, including office rent and other necessary expens-
es, shall, so far as applicable, apply to the deputy collector of in-
ternal revenue assigned to duty under the provisions of this Act.
(34 Stat. 620.)

This BectioQ and the section next following were an act to provide means
for the sale of internal-revenue stamps in Porto Rico, cited above.

Internal revenue taxes upon articles of Porto Rican manufacture imported
into the United States, equal to the tax upon like articles of domestic manu-
facture, were imposed by Act April 12, 1900, c 191, f 3, ante, i 3749.

§ 3751. (Act June 29, 1906, c. 3613, § 2.) Bond of deputy collector
for Porto Rico.

Before entering upon the duties of his office such deputy col-
lector shall execute a bond, payable to the collector of internal rev-
enue appointing him, in such amount and with such sureties as he
may determine. (34 Stat. 621.)

§ 3752. (Act April 12, 1900, c 191, § 4.) Duties collected to con-
stitute fund for benefit of Porto Rico ; Secretary of Treasury
to establish ports of entry and make rules and regulations;
duties paid to civil government as soon as organized.

The duties and taxes collected in Porto Rico in pursuance of
this Act, less the cost of collecting the same, and the gross amount
of all collections of duties and' taxes in the United States upon
articles of merchandise coming from Porto Rico, shall not be cov-
ered into the general fund of the Treasury, but shall be held as a
separate fund, and shall be placed at the disposal of the President
to be used for the government and benefit of Porto Rico until the

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§ 8752 THB TBRRITORIB8 AND INSULAE P08SB88I0N8 (Tit. 23

government of Porto Rico herein provided for shall have been or-
ganized, when all moneys theretofore collected under the provi-
sions hereof, then unexpended, shall be transferred to the local
treasury of Porto Rico, and the Secretary of the Treasury shall
designate the several ports and subports of entry in Porto Rico
and shall make such rules and regulations and appoint such agents
as may be necessary to collect the duties and taxes authorized to
be levied, collected, and paid in Porto Rico by the provisions of this
Act, and he shall fix the compensation and provide for the pay-
ment thereof of all such officers, agents, and assistants as he may
find it necessary to employ to carry out the provisions hereof:
Provided, however, That as soon as a civil government for Porto
Rico shall have been organized in accordance with the provisions
of this Act and notice thereof shall have been given to the Presi-
dent he shall make proclamation thereof, and thereafter all collec-
tions of duties and taxes in Porto Rico under the provisions of this
Act shall be paid into the treasury of Porto Rico, to be expended
as required by law for the government and benefit thereof instead
of being paid into the Treasury of the United States. (31 Stat
78.)

The amount of costomt rerenoe recdyed by the United States on importa-
tion« from Porto Rico eince its eyacnation by the Spanish forces together
with all that should thereafter be collected under the existing law were placed
at the disposal of the President to be used for goyemmental and pnbUc pur-
poses in Porto Rico, by Act March 24, 1900, c 01, 81 SUt 51.

OKNEBAL PBOVISIOIfB

§ 37S3. (Act April 12, 1900» c. 191, § 6.) Capital

The capital of Porto Rico shall be at the city of San Juan and
the seat of government shall be maintained there. (31 Stat. 79.)

§ 3754. (Act April 12, 1900, c 191, § 7.) Former Spanish subjects
residing in islands and their children to be dtisens of Porto
Rico; exceptions; citizens of Porto Rico and of United States
residing therein to constitute body politic under name of the
People of Porto Rico.
All inhabitants continuing to reside therein who were Spanish
subjects on the eleventh day of April, eighteen hundred and ninety-
nine, and then resided in Porto Rico, and their children bom sub-
sequent thereto, shall be deemed and held to be citizens of Porto
Rico, and as such entitled to the protection of the United States,
except such as shall have elected to preserve their allegiance to the
Crown of Spain on or before the eleventh day of April, nineteen
hundred, in accordance with the provisions of the treaty of peace
between the United States and Spain entered into on the eleventh
day of April, eighteen hundred and ninety-nine ; and they, togeth-
er with such citizens of the United States as may reside in Porto
Rico, shall constitute a body politic under the name of The People
of Porto Rico, with governmental powers as hereinafter conferred
and with power to sue and be sued as such. (31 Stat 79.)
(1504)



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Ch. 30) THB TBBBITOBIES AND INSULAR POSSESSIONS § 3756

§ 3755. (Act April 12, 1900, c. 191, § 8.) Laws of Porto Rico con-
tinued in force; exceptions; marriage of priests, etc.; adul-
tery.

The laws and ordinances of Porto Rico now in force shall con-
tinue in full force and effect, except as altered, amended, or modi-
fied hereinafter, or as altered or modified by military orders and
decrees in force when this Act shall take eflfect, and so far as the
same are not inconsistent or in conflict with the statutory laws of
the United States not locally inapplicable, or the provisions hereof,
until altered, amended, or repealed by the legislative authority
hereinafter provided for Porto Rico or by Act of Congress of the
United States : Provided, That so much of the law which was in
force at the time of cession, April eleventh, eighteen hundred and
ninety-nine, forbidding the marriage of priests, ministers, or fol-
lowers of any faith because of vows they may have taken, being
paragraph four, article eighty-three, chapter three, civil code, and
which was continued by the order of the secretary of justice of
Porto Rico, dated March seventeenth, eighteen hundred and nine-
ty-nine, and promulgated by Major-General Guy V. Henry, United
States Volunteers, is hereby repealed and annulled, and all persons
lawfully married in Porto Rico shall have all the rights and reme-
dies conferred by law upon parties to either civil or religious mar-
riages : And provided further, That paragraph one, article one hun-
dred and five, section four, divorce, civil code, and paragraph two,
section nineteen, of the order of the minister of justice of Porto
Rico, dated March seventeenth, eighteen hundred and ninety-nine,
and promulgated by Major-General Guy V. Henry, United States
Volunteers, be, and the same hereby are, so amended as to read :
"Adultery on the part of either the husband or the wife." (31
Stat 79.)

§ 3756. (Act April 12, 1900, c. 191, § 9.) Nationalization of For-
to Rican vessels; coasting-trade laws to govern trade with
Porto Rico.

The Commissioner of Navigation shall make such regulations,
subject to the approval of the Secretary of the Treasury, as he
may deem expedient for the nationalization of all vessels owned by
the inhabitants of Porto Rico on the eleventh day of April, eight-
een hundred and ninety-nine, and which continued to be so owned
up to the date of such nationalization, and for the admission of the
same to all the benefits of the coasting trade of the United States ;
and the coasting trade between Porto Rico and the United States
shall be regulated in accordance with the provisions of law appli-
cable to such trade between any two great coasting districts of
the United States. (31 Stat. 79.)

The seacoasts and navigable rivers of the United States and Porto Rico were
divided into five great districts, Porto Rico constituting the second district,
by R. S. f 4348, as amended by Act May 12, 1906, c. 2453, § 1, post, § 8100.

Provisions for the establishment of a light-house district, etc., in Porto
Rico, are contained in Act June 17, 1910» c. 301» i 11, post, i 8434.

Ck)iiP.ST.»13-95 (1505)



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§ 8757 THB TBRRITORIS8 JLND IN8ULAB POMMSIOlfS (Tit 23

§ 3757. (Act April 12, 1900, c 191, § 10.) Quarantine stations and
regulations.
Quarantine stations shall be established at such places in Porto
Rico as the Supervising Surgeon-General of the Marine-Hospital
Service of the United States shall direct, and the quarantine reg-
ulations relating to the importation of diseases from other coun-
tries shall be under the control of the Government of the United
Sutes. (31 Sut 80.)

§ 3758. (Act April 12, 1900, c 191, § 11.) Redemption of Porto
Rican coins; rate of exchange; recoinage; not legal tender
for future debts; regulations; pasmient of existing debts.
For the purpose of retiring the Porto Rican coins now in cir-
culation in Porto Rico and substituting therefor the coins of the
United States, the Secretary of the Treasury is hereby authorized
to redeem, on presentation in Porto Rico, all the silver coins of
Porto Rico known as the peso and all other silver and copper Porto
Rican coins now in circulation in Porto Rico, not including any
such coins that may be imported into Porto Rico after the first
day of February nineteen hundred, at the present established rate
of sixty cents in the coins of the United States for one peso of
Porto Rican coin, and for all minor or subsidiary coins the same
rate of exchange shall be applied. The Porto Rican coins so pur-
chased or redeemed shall be recoined at the expense of the United
States, under the direction of the Secretary of the Treasury, into
such coins of the United States now authorized by law as he may
direct, and from and after three months after the date when this
Act shall take effect no coins shall be a legal tender, in payment of
debts thereafter contracted for any amount in Porto Rico, except
those of the United States; and whatever sum may be required
to carry out the provisions hereof, and to pay. all expenses that
may be incurred in connection therewith, is hereby appropriated,
and the Secretary of the Treasury is hereby authorized to estab-
lish such regulations and employ such agencies as may be neces*
sary to accomplish the purpose hereof: Provided, however. That
all debts owing on the date when this Act shall take effect shall be
payable in the coins of Porto Rico now in circulation, or in the
coins of the United States at the rate of exchange above named.
(31 Stat. 80.)

§ 3759. (Act April 12, 1900, c 191, § 12.) Expenses of govern-
ment and internal improvements to be paid out of Porto Rican
revenues; exceptions.
All expenses that may be incurred on account of the government
of Porto Rico for salaries of officials and the conduct of their of-
fices and departments, and all expenses and obligations contracted



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 42 of 150)